|
| |
| |
49 An offence under section 5 of that Act (unlawful intercourse with girl under | |
16), save in the case of an offence in contravention of subsection (3) of that | |
section where the offender was under 20. | |
50 An offence under section 6 of that Act (indecent behaviour towards girl | |
between 12 and 16). | 5 |
51 An offence under section 8 of that Act (abduction of girl under 18 for | |
purposes of unlawful intercourse). | |
52 An offence under section 10 of that Act (person having parental | |
responsibilities causing or encouraging sexual activity in relation to a girl | |
under 16). | 10 |
53 An offence under section 13(5) of that Act (homosexual offences) unless— | |
(a) every person (other than the offender) involved in the offence was 18 | |
or over and was a willing participant, or | |
(b) the offender was under 20 and either the homosexual act in | |
question— | 15 |
(i) was an act of sodomy, and every other person involved in the | |
offence was a willing participant; or | |
(ii) was not an act of sodomy. | |
54 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 | |
(c. 44) (abuse of position of trust), where the offender was 20 or over. | 20 |
55 An offence under section 311(1) of the Mental Health (Care and Treatment) | |
(Scotland) Act 2003 (asp 13) (non-consensual sexual acts). | |
56 An offence under section 313(1) of that Act (persons providing care services: | |
sexual offences). | |
57 An offence in Scotland other than is mentioned in paragraphs 33 to 56 if the | 25 |
court, in imposing sentence or otherwise disposing of the case, determines | |
for the purposes of this paragraph that there was a significant sexual aspect | |
to the offender’s behaviour in committing the offence. | |
Northern Ireland | |
58 Rape. | 30 |
59 Indecent assault upon a female if— | |
(a) where the offender was under 18, he is or has been sentenced, in | |
respect of the offence, to imprisonment for a term of at least 12 | |
months; | |
(b) in any other case— | 35 |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | 40 |
(c) made the subject of a community sentence of at least | |
18 months. | |
60 An offence under section 52 of the Offences against the Person Act 1861 | |
(c. 100) (indecent assault upon a female) if— | |
| |
| |
|
| |
| |
(a) where the offender was under 18, he is or has been sentenced, in | |
respect of the offence, to imprisonment for a term of at least 12 | |
months; | |
(b) in any other case— | |
(i) the victim was under 18, or | 5 |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least | 10 |
18 months. | |
61 An offence under section 53 or 54 of that Act (abduction of woman by force | |
for unlawful sexual intercourse). | |
62 An offence under section 61 of that Act (buggery) if consent was not present | |
or— | 15 |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 17. | |
63 An offence under section 62 of that Act of assault with intent to commit | |
buggery if the victim or (as the case may be) other party was under 17. | |
64 An offence under section 62 of that Act of indecent assault upon a male | 20 |
person if— | |
(a) where the offender was under 18, he is or has been sentenced, in | |
respect of the offence, to imprisonment for a term of at least 12 | |
months; | |
(b) in any other case— | 25 |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | 30 |
(c) made the subject of a community sentence of at least | |
18 months. | |
65 An offence under section 2 of the Criminal Law Amendment Act 1885 (c. 69) | |
(procuration). | |
66 An offence under section 3 of that Act (procuring defilement of woman by | 35 |
threats or fraud, etc.). | |
67 An offence under section 4 of that Act of unlawful carnal knowledge of a girl | |
under 14. | |
68 An offence under section 5 of that Act of unlawful carnal knowledge of a girl | |
under 17, if the offender was 20 or over. | 40 |
69 An offence under section 7 of that Act (abduction of girl under 18). | |
70 An offence under section 11 of that Act (homosexual offences) if— | |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 18. | |
| |
| |
|
| |
| |
71 An offence under section 1 of the Punishment of Incest Act 1908 (c. 45) | |
(incest by males), if the victim or (as the case may be) other party was under | |
18. | |
72 An offence under section 2 of that Act (incest by females), if the victim or (as | |
the case may be) other party was under 18. | 5 |
73 An offence under section 21 of the Children and Young Persons Act | |
(Northern Ireland) 1968 (c. 34) (causing or encouraging seduction or | |
prostitution of a girl under 17). | |
74 An offence under section 22 of that Act (indecent conduct towards a child). | |
75 An offence under Article 3 of the Protection of Children (Northern Ireland) | 10 |
Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children). | |
76 An offence under section 170 of the Customs and Excise Management Act | |
1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods | |
prohibited to be imported under section 42 of the Customs Consolidation | |
Act 1876 (c. 36) (indecent or obscene articles), if the prohibited goods | 15 |
included indecent photographs of persons under 16. | |
77 An offence under Article 9 of the Criminal Justice (Northern Ireland) Order | |
1980 (S.I. 1980/704 (N.I. 6)) (inciting girl under 16 to have incestuous sexual | |
intercourse). | |
78 An offence under Article 122 of the Mental Health (Northern Ireland) Order | 20 |
1986 (S.I. 1986/595 (N.I. 4)) (offences against women suffering from severe | |
mental handicap). | |
79 An offence under Article 123 of that Order (offences against patients). | |
80 An offence under Article 15 of the Criminal Justice (Evidence, etc.) | |
(Northern Ireland) Order 1988 (S.I. 1988/1847 (N.I. 17) (possession of | 25 |
indecent photographs of children). | |
81 An offence under section 3 of the Sexual Offences (Amendment) Act 2000 | |
(c. 44) (abuse of position of trust), if the offender was 20 or over. | |
82 An offence under Article 19 of the Criminal Justice (Northern Ireland) Order | |
2003 (S.I. 2003/1247 (N.I. 13)) (buggery) if— | 30 |
(a) the offender was 20 or over, and | |
(b) the victim or (as the case may be) other party was under 17. | |
83 An offence under Article 20 of that Order (assault with intent to commit | |
buggery) if the victim was under 18. | |
84 An offence under Article 21 of that Order (indecent assault upon a male) if— | 35 |
(a) where the offender was under 18, he is or has been sentenced, in | |
respect of the offence, to imprisonment for a term of at least 12 | |
months; | |
(b) in any other case— | |
(i) the victim was under 18, or | 40 |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | |
| |
| |
|
| |
| |
(c) made the subject of a community sentence of at least | |
18 months. | |
85 An offence under section 17 of this Act (meeting a child following sexual | |
grooming etc.). | |
86 An offence under any of sections 18 to 21 of this Act (abuse of trust) if the | 5 |
offender, in respect of the offence or finding, is or has been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | |
(c) made the subject of a community sentence of at least 12 months. | |
87 An offence under section 49 of this Act (paying for sexual services of a child) | 10 |
if the victim or (as the case may be) other party was under 17. | |
88 An offence under section 68 of this Act (exposure) if— | |
(a) where the offender was under 18, he is or has been sentenced to | |
imprisonment for a term of at least 12 months; | |
(b) in any other case— | 15 |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | |
(a) sentenced to a term of imprisonment, | |
(b) detained in a hospital, or | 20 |
(c) made the subject of a community sentence of at least | |
18 months. | |
89 An offence under section 69 of this Act (voyeurism) if— | |
(a) where the offender was under 18, he is or has been sentenced to | |
imprisonment for a term of at least 12 months; | 25 |
(b) in any other case— | |
(i) the victim was under 18, or | |
(ii) the offender, in respect of the offence or finding, is or has | |
been— | |
(a) sentenced to a term of imprisonment, or | 30 |
(b) detained in a hospital. | |
90 An offence under section 71 or 72 of this Act (intercourse with an animal, | |
sexual penetration of a corpse) if the offender, in respect of the offence or | |
finding, is or has been— | |
(a) sentenced to a term of imprisonment, or | 35 |
(b) detained in a hospital. | |
Service offences | |
91 An offence under— | |
(a) section 70 of the Army Act 1955, | |
(b) section 70 of the Air Force Act 1955, or | 40 |
(c) section 42 of the Naval Discipline Act 1957, | |
of which the corresponding civil offence (within the meaning of that Act) is | |
an offence under a provision listed in any of paragraphs 1 to 32. | |
| |
| |
|
| |
| |
General | |
92 A reference in a preceding paragraph to an offence includes— | |
(a) a reference to an attempt, conspiracy or incitement to commit that | |
offence, and | |
(b) except in paragraphs 33 to 40, a reference to aiding, abetting, | 5 |
counselling or procuring the commission of that offence. | |
93 A reference in a preceding paragraph to a person’s age is— | |
(a) in the case of an indecent photograph, a reference to the person’s age | |
when the photograph was taken; | |
(b) in any other case, a reference to his age at the time of the offence. | 10 |
94 In paragraphs 18 to 30— | |
(a) “community sentence”, “community rehabilitation order”, | |
“community punishment and rehabilitation order” and “supervision | |
order” have the same meaning as in the Powers of Criminal Courts | |
(Sentencing) Act 2000 (c. 6); | 15 |
(b) a reference to an electronic monitoring requirement means such a | |
requirement imposed under section 36B of that Act. | |
95 In paragraphs 53 to 90, “community sentence” has the same meaning as in | |
the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)). | |
96 For the purposes of paragraphs 14, 41 and 76— | 20 |
(a) a person is to be taken to have been under 16 at any time if it appears | |
from the evidence as a whole that he was under that age at that time; | |
(b) section 7 of the Protection of Children Act 1978 (c. 37) | |
(interpretation), subsections (2) to (2C) and (8) of section 52 of the | |
Civic Government (Scotland) Act 1982 (c. 45), and Article 2(2) and | 25 |
(3)(b) of the Protection of Children (Northern Ireland) Order 1978 | |
(S.I. 1978/1047 (N.I. 17)) (interpretation) (respectively) apply as each | |
provision applies for the purposes of the Act or Order of which it | |
forms part. | |
97 A determination under paragraph 57 constitutes part of a person’s sentence, | 30 |
within the meaning of the Criminal Procedure (Scotland) Act 1995 (c. 46), for | |
the purposes of any appeal or review. | |
Schedule 4 | |
Section 102 | |
Other offences for purposes of Part 2 | |
England and Wales | 35 |
1 Murder. | |
2 Manslaughter. | |
3 Kidnapping. | |
4 False imprisonment. | |
| |
| |
|
| |
| |
5 An offence under section 4 of the Offences against the Person Act 1861 | |
(c. 100) (soliciting murder). | |
6 An offence under section 16 of that Act (threats to kill). | |
7 An offence under section 18 of that Act (wounding with intent to cause | |
grievous bodily harm). | 5 |
8 An offence under section 20 of that Act (malicious wounding). | |
9 An offence under section 21 of that Act (attempting to choke, suffocate or | |
strangle in order to commit or assist in committing an indictable offence). | |
10 An offence under section 22 of that Act (using chloroform etc. to commit or | |
assist in the committing of any indictable offence). | 10 |
11 An offence under section 23 of that Act (maliciously administering poison | |
etc. so as to endanger life or inflict grievous bodily harm). | |
12 An offence under section 27 of that Act (abandoning children). | |
13 An offence under section 28 of that Act (causing bodily injury by explosives). | |
14 An offence under section 29 of that Act (using explosives etc. with intent to | 15 |
do grievous bodily harm). | |
15 An offence under section 30 of that Act (placing explosives with intent to do | |
bodily injury). | |
16 An offence under section 31 of that Act (setting spring guns etc. with intent | |
to do grievous bodily harm). | 20 |
17 An offence under section 32 of that Act (endangering the safety of railway | |
passengers). | |
18 An offence under section 35 of that Act (injuring persons by furious driving). | |
19 An offence under section 37 of that Act (assaulting officer preserving wreck). | |
20 An offence under section 38 of that Act (assault with intent to resist arrest). | 25 |
21 An offence under section 47 of that Act (assault occasioning actual bodily | |
harm). | |
22 An offence under section 2 of the Explosive Substances Act 1883 (c. 3) | |
(causing explosion likely to endanger life or property). | |
23 An offence under section 3 of that Act (attempt to cause explosion, or | 30 |
making or keeping explosive with intent to endanger life or property). | |
24 An offence under section 1 of the Infant Life (Preservation) Act 1929 (c. 34) | |
(child destruction). | |
25 An offence under section 1 of the Children and Young Persons Act 1933 | |
(c. 12) (cruelty to children). | 35 |
26 An offence under section 1 of the Infanticide Act 1938 (c. 36) (infanticide). | |
27 An offence under section 16 of the Firearms Act 1968 (c. 27) (possession of | |
firearm with intent to endanger life). | |
| |
| |
|
| |
| |
28 An offence under section 16A of that Act (possession of firearm with intent | |
to cause fear of violence). | |
29 An offence under section 17(1) of that Act (use of firearm to resist arrest). | |
30 An offence under section 17(2) of that Act (possession of firearm at time of | |
committing or being arrested for offence specified in Schedule 1 to that Act). | 5 |
31 An offence under section 18 of that Act (carrying a firearm with criminal | |
intent). | |
32 An offence under section 8 of the Theft Act 1968 (c. 60) (robbery or assault | |
with intent to rob). | |
33 An offence under section 9 of that Act of burglary with intent to— | 10 |
(a) inflict grievous bodily harm on a person, or | |
(b) do unlawful damage to a building or anything in it. | |
34 An offence under section 10 of that Act (aggravated burglary). | |
35 An offence under section 12A of that Act (aggravated vehicle-taking) | |
involving an accident which caused the death of any person. | 15 |
36 An offence of arson under section 1 of the Criminal Damage Act 1971 (c. 48). | |
37 An offence under section 1(2) of that Act (destroying or damaging property) | |
other than an offence of arson. | |
38 An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) | |
(hostage-taking). | 20 |
39 An offence under section 1 of the Aviation Security Act 1982 (c. 36) | |
(hijacking). | |
40 An offence under section 2 of that Act (destroying, damaging or | |
endangering safety of aircraft). | |
41 An offence under section 3 of that Act (other acts endangering or likely to | 25 |
endanger safety of aircraft). | |
42 An offence under section 4 of that Act (offences in relation to certain | |
dangerous articles). | |
43 An offence under section 127 of the Mental Health Act 1983 (c. 20) (ill- | |
treatment of patients). | 30 |
44 An offence under section 1 of the Prohibition of Female Circumcision Act | |
1985 (c. 38) (prohibition of female circumcision). | |
45 An offence under section 1 of the Public Order Act 1986 (c. 64) (riot). | |
46 An offence under section 2 of that Act (violent disorder). | |
47 An offence under section 3 of that Act (affray). | 35 |
48 An offence under section 134 of the Criminal Justice Act 1988 (c. 33) | |
(torture). | |
49 An offence under section 1 of the Road Traffic Act 1988 (c. 52) (causing death | |
by dangerous driving). | |
| |
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